1. Professor Dr. Ulrich G. Schroeter
Applicability of CISG and Limitation Convention via rules of private international law: The withdrawal of Czechia’s declarations and its effects Prague, 24 March 2017
Professor Dr. Ulrich G. Schroeter

2. The withdrawal of the declaration: What effects does it have?
Overview
Introduction
Applicability of CISG and Limitation Convention via ‘rules of private international law’
The declaration against the Conventions’ applicability via rules of private international law
The withdrawal of the declaration: What effects does it have?
Conclusion
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

3. Articles 1(1)(a) and 1(1)(b) of the CISG compared
Applicability of CISG and Limitation Convention via ‘rules of private international law’
Preliminary remark: Sphere of application of the CISG and the Limitation Convention
Articles 1(1)(a) and 1(1)(b) of the CISG compared
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

4. Articles 1(1)(a) and 1(1)(b) of the CISG compared
Article 1 of the 1980 Sales Convention (CISG)
This Convention applies to contracts of sale of goods between parties whose places of business are in different States:
when the States are Contracting States; or
when the rules of private international law lead to the application of the law of a Contracting State.
The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

5. Articles 1(1)(a) and 1(1)(b) of the CISG compared
Article 3 of the 1980 Limitation Convention
This Convention shall apply only
if, at the time of the conclusion of the contract, the places of business of the parties to a contract of international sale of goods are in Contracting States; or
if the rules of private international law make the law of a Contracting State applicable to the contract of sale.
This Convention shall not apply when the parties have expressly excluded its application.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

6. Articles 1(1)(a) and 1(1)(b) of the CISG compared
Article 1 of the 1980 Sales Convention (CISG)
This Convention applies to contracts of sale of goods between parties whose places of business are in different States:
when the States are Contracting States; or
when the rules of private international law lead to the application of the law of a Contracting State.
The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

7. Articles 1(1)(a) and 1(1)(b) of the CISG compared
Article 95 of the 1980 Sales Convention (CISG) Any State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1)(b) of article 1 of this Convention.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

8. Historical background of Article 95 of the CISG
The declaration against the Conventions’ applicability via rules of private international law
Historical background of Article 95 of the CISG
Use of the declaration by CISG Contracting States
Effects of an Article 95 declaration and resulting uncertainty
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

9. Historical background of Article 95 of the CISG
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

10. Historical background of Article 95 of the CISG
The declaration against the Conventions’ applicability via rules of private international law
Historical background of Article 95 of the CISG
Use of the declaration by CISG Contracting States
Effects of an Article 95 declaration and resulting uncertainty
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

11. Article 95 of the CISG declaration States
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

12. Historical background of Article 95 of the CISG
The declaration against the Conventions’ applicability via rules of private international law
Historical background of Article 95 of the CISG
Use of the declaration by CISG Contracting States
Effects of an Article 95 declaration and resulting uncertainty
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

13. Effect of an Article 95 declaration and resulting uncertainty
Article 1 of the 1980 Sales Convention (CISG)
This Convention applies to contracts of sale of goods between parties whose places of business are in different States:
when the States are Contracting States; or
when the rules of private international law lead to the application of the law of a Contracting State.
– (3) […]
Article 95 of the 1980 Sales Convention (CISG)
Any State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1)(b) of article 1 of this Convention.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

14. The withdrawal of the declaration: What effects does it have?
Withdrawing declarations under the CISG: A general trend
Effects of Czechia’s withdrawal of its declarations
Under treaty law
In practice
On international policy
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

15. The withdrawal of the declaration: What effects does it have?
Overview
Introduction
Applicability of CISG and Limitation Convention via ‘rules of private international law’
The declaration against the Conventions’ applicability via rules of private international law
The withdrawal of the declaration: What effects does it have?
Conclusion
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law

16. Thank you for your attention.
Professor Dr. Ulrich G. Schroeter
University of Basel, Faculty of Law
Peter Merian-Weg 8, CH-4002 Basel
Switzerland
Tel. +41 61 207 58 41, Fax +41 61 207 25 48